State v. Raj Kumar Harijan

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 667/2017 STATE ..... Petitioner Through: Mr Ranbir Singh Kundu, Addl. Standing Counsel versus RAJ KUMAR HARIJAN ..... Respondent Through:

CORAM:

JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA

O R D E R

% 20.11.2017 Crl. MA 19060/2017 (exemption)

1. Allowed, subject to all just exceptions.

Crl. MA 19059/2017 (delay of 182 days in filing)

2. There is an extraordinary delay of 182 days in filing the present criminal leave petition.

3. A perusal of the application of condonation of delay reveals that although the impugned judgment was passed on 20th February 2017, the certified copy thereof was collected only on 21st June 2017. Why for four months the matter was not followed up is not explained and does not appear justified considering that the impugned judgment acquitted the Respondent herein for the offence under Section 302 IPC.

4. Secondly, it is seen that the file remained with the Principal Secretary, CRL.L.P. 667/2017 Page 1 of 2

Law and Justice between 11th July, 2017 and 17th October, 2017. No reasonable explanation whatsoever have been offered for this inordinate delay either. Thereafter a month was taken to prepare the criminal leave petition.

5. The Court is, therefore, not satisfied that the delay in filing the criminal leave petition is for bona fide reasons which could be said to be justified. The Court is not inclined to condone the delay of 182 days in filing the criminal leave petition. The application is accordingly dismissed.

6. Consequently, the criminal leave petition is also dismissed. S. MURALIDHAR, J.

I.S. MEHTA, J.

NOVEMBER 20, 2017 rd CRL.L.P. 667/2017 Page 2 of 2